8.1 Before considering any of the allegations in a communication, the
Committee against Torture must decide whether or not the
communication is admissible under article 22 of the Convention. It
has ascertained, as it is required to do under article 22, paragraph 5
(a), of the Convention, that the same matter has not been and is not
being examined under another procedure of international
investigation or settlement. It notes also that all domestic remedies
have been exhausted and that the State party has not contested the
admissibility of the communication. It therefore considers that the
communication is admissible. As both the State party and the author
have provided observations on the merits of the communication, the
Committee proceeds to consider those merits.
8.2 The issue before the Committee is whether the forced return of
the author to the Syrian Arab Republic would violate the obligation of
the State party under article 3 of the Convention not to expel or return
a person to another State where there are substantial grounds for
believing that he or she would be in danger of being subjected to
torture.
8.3 The Committee must decide, pursuant to article 3, paragraph 1,
whether there are substantial grounds for believing that the author
would be in danger of being subjected to torture upon return to the
Syrian Arab Republic. In reaching this decision, the Committee must
take into account all relevant considerations, pursuant to article 3,
paragraph 2, including the existence of a consistent pattern of gross,
flagrant or mass violations of human rights. The aim of the
determination, however, is to establish whether the individual
concerned would be personally at risk of being subjected to torture in
the country to which he or she would return. The existence of a
consistent pattern of gross, flagrant or mass violations of human
rights in a country does not as such constitute a sufficient ground for
determining that a particular person would be in danger of being
subjected to torture upon his or her return to the country. There must
be other grounds indicating that the individual concerned would be
personally at risk. Similarly, the absence of a consistent pattern of
gross violations of human rights does not mean that a person might
not be subjected to torture in his or her specific circumstances.
8.4 The Committee recalls its general comment on the
implementation of article 3, which reads: "Bearing in mind that the
State party and the Committee are obliged to assess whether there are
substantial grounds for believing that the author would be in danger
of being subjected to torture were he/she to be expelled, returned or
extradited, the risk of torture must be assessed on grounds that go